Kohman v. Rochambeau Realty & Development Corp.

Andrias and Sullivan, JJ., dissent in a memorandum by Sullivan, J., as follows:

Plaintiff is the rent-regulated, residential tenant of a ground floor apartment in a converted five-story rowhouse owned by defendant. Plaintiff has resided in this apartment since June 1971, when, at age 11, he moved there with his mother, who rented the apartment pursuant to a two-year lease commencing July 1, 1971. When his mother died in July 1998, plaintiff succeeded to her rent stabilized tenancy.

On July 31, 2002, defendant mailed plaintiff a letter notifying him that his license to use the rear yard at the…